Federal Judge Blocks Hazleton Anti-Immigrant Ordinance
New Law Would Cause "Irreparable Harm" to Residents, Judge Says
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org
SCRANTON, PA -- A federal judge today issued a temporary order blocking anti-immigrant ordinances from being enforced in Hazleton, Pennsylvania, noting that the laws could cause 鈥渋rreparable harm鈥 to the city鈥檚 residents. The ordinances were challenged in court by local business owners, landlords and residents who would be negatively impacted by the laws.
In issuing the order, Judge James M. Munley cited examples of citizens and non-citizens who stand to risk 鈥渉ousing, livelihood, and education鈥 if the ordinances are enforced, including Brenda Lee Mieles, a United States citizen who may be evicted from her residence because of her inability to establish her citizenship, and Rosa and Jose Luis Lechuga, who continue to suffer a great loss of business in their store and restaurant. In contrast, he found, the city had not supported any of its 鈥渧ague complaints about the presence of illegal immigrants鈥 with evidence or statistics.
鈥淲e find it in the public interest to protect residents鈥 access to homes, education, jobs and businesses,鈥 wrote Judge Munley. 鈥淧laintiff has raised serious claims and there is a reasonable probability of success on the merits on one or more of the claims.鈥
The decision was welcomed by the coalition representing the Hazletonians challenging the ordinances: the 老澳门开奖结果, the Puerto Rican Legal Defense and Education Fund, the Community Justice Project, the law firm of Cozen O鈥機onnor and local attorneys George Barron, David Vaida and Barry Dyller.
鈥淲e are gratified by today鈥檚 ruling, which prevents these ordinances from being enforced while our challenge continues,鈥 said Witold Walczak, Legal Director of the 老澳门开奖结果 of Pennsylvania. 鈥淭he judge recognized that Hazleton鈥檚 laws put all sorts of people at serious risk and that we have raised serious challenges to its legality.鈥
The ordinances, which require all tenants in the city of Hazleton to satisfy city officials that they meet vague immigration-status requirements, would punish landlords for renting to 鈥渋llegal aliens,鈥 and would punish business owners and others for employing 鈥渦nlawful workers.鈥 Today鈥檚 temporary restraining order will prevent the city from enacting the laws until the court can determine whether they are constitutional.
鈥淲e are extremely pleased that the court understood the significance of what Hazleton was about to do,鈥 said Cesar A. Perales, President and General Counsel of the Puerto Rican Legal Defense and Education Fund. 鈥淗azleton wishes to take over the immigration policies of this country and distort them to achieve its goal of terrifying immigrants, especially Latinos, into leaving town. This search and destroy mentality has no place in the American justice system.鈥
Omar Jadwat of the national 老澳门开奖结果 Immigrants鈥 Rights Project, added, 鈥淥ther municipalities that are considering similar laws should take note. These ordinances will be challenged and are plainly both unwise and dangerous.鈥
The City Council approved the new ordinances recently to replace a similar law that was scrapped following a federal lawsuit filed by the coalition. The groups filed a new complaint yesterday charging that the revised ordinances continue to violate the Constitution and other laws.
According to the groups, many Hispanics have already left Hazleton and Hispanic-owned businesses are struggling to stay open.
鈥淎s business owners and property owners, we have no experience or guidance in examining the immigration status of our clients,鈥 said Rudy Espinal of the Hazleton Hispanic Business Association, in an affidavit filed yesterday. 鈥淭he city has created an environment of fear, uncertainty and confusion among the populace of Hazleton as well as those who want to live or do business here.鈥
Today鈥檚 order is online at: www.aclu.org/immigrants/gen/27227lgl20061031.html
For more information on this case, go to www.aclu.org/immigrants/discrim/27217prs20061030.html